Fence Disputes & Regulations

Fence disputes are among the most common and contentious neighbour conflicts in Australia. Whether it's about who pays, fence height, materials, or placement, understanding your rights and responsibilities is essential.

The Dividing Fences Act

Every Australian state and territory has legislation governing boundary fences (often called the Dividing Fences Act). While details vary by state, the core principles are similar across Australia.

💡 Key Principle: Shared Responsibility

Both neighbours are generally required to contribute equally to the construction and maintenance of a dividing fence, regardless of who wants it built or replaced. This is the default position unless you agree otherwise.

State Legislation

You can access the complete text of each state and territory's fencing legislation through the Australasian Legal Information Institute (AustLII):

These links take you to the official consolidated legislation as published on AustLII, Australia's free legal information resource.

Common Fence Disputes

Cost Sharing Disagreements

One neighbour wants to build or replace a fence but the other refuses to contribute. This is the most common dispute.

Fence Type & Materials

Disagreement over what constitutes a "sufficient" fence. One wants timber, the other wants Colorbond. One wants 1.8m, the other wants 2.1m.

Boundary Disputes

Disagreement about where the actual property boundary is located. This requires a surveyor.

Maintenance & Repairs

Existing fence needs repair but neighbours can't agree on responsibility or urgency.

Trees & Fences

Trees damaging fences, or disputes about removing trees to install a fence.

Your Rights & Responsibilities

What You're Entitled To

  • Request your neighbour contribute 50% to a "sufficient" dividing fence
  • Have the fence built on the actual boundary line (not inside your property)
  • Access your neighbour's property (with notice) to build or maintain the fence
  • Dispute resolution through your state's tribunal if you can't agree

What Is a "Sufficient" Fence?

Legislation defines this as a fence adequate for the area and purpose. Generally:

  • Standard residential: 1.8m timber paling or Colorbond
  • Rural properties: Post and wire fence
  • Industrial areas: Higher standard may apply

If you want something beyond "sufficient" (higher, better materials, decorative), you pay the difference.

The Fence Notice Process

Before building or replacing a dividing fence, you must follow the correct legal process:

1

Issue a Fence Notice

Send your neighbour a written notice (called a "fencing notice" or "notice of intention") stating your intention to build/replace the fence, proposed type, estimated cost, and requesting 50% contribution.

2

Include Quotes

Attach at least one quote from a licensed fencing contractor. Better to include 2-3 quotes.

3

Wait for Response

Your neighbour has 21 days (varies slightly by state) to respond. They can agree, propose alternatives, or dispute.

4

Negotiate or Proceed

If they agree, arrange payment and proceed. If they disagree on details, try to negotiate. If no response or agreement, you can proceed to tribunal.

⚠️ Don't Skip the Notice

If you build a fence without giving proper notice, you may lose the right to recover any contribution from your neighbour. Follow the legal process — even if you're certain they will refuse to pay. If the matter ends up before a tribunal, compliance with the required procedure will significantly strengthen your case.

When Neighbours Won't Cooperate

If your neighbour refuses to contribute or won't engage, you have options:

1. Build It Yourself

You can proceed with the fence and pay the full cost yourself. You may be able to recover the neighbour's share later through the tribunal.

2. Apply to the Tribunal

Each state has a tribunal that handles fence disputes:

The tribunal can make orders about cost sharing, fence type, and timeframes. Both parties must comply with tribunal orders.

3. Mediation

Before going to tribunal, try mediation. It's faster, cheaper, and less adversarial. Many tribunals require you to attempt mediation first.

Special Situations

Swimming Pools

If you're building a pool and need a compliant fence, this is considered for your benefit, not a dividing fence. You pay 100% unless your neighbour agrees otherwise.

Retaining Walls

Retaining walls aren't usually covered by dividing fence legislation. The owner of the higher land is generally responsible for retaining their soil.

Trees on the Boundary

If a tree makes fencing difficult, tree legislation may apply. You may be able to order removal or trimming through the tribunal.

Rental Properties

If your neighbour rents, the landlord (property owner) is responsible for fence costs, not the tenant. Direct fence notices to the property owner.

Council Approval

Check if your council requires approval for your fence, especially if it's:

  • Over 2m high
  • Built on a corner block (sight lines)
  • In a heritage area
  • Along a street frontage

⚠️ Boundary Fences and Adverse Possession

A misplaced fence can create serious legal consequences over time.

All Australian states recognise some form of adverse possession law. In certain circumstances — particularly in states such as Victoria and Western Australia — long-term occupation of a strip of land (for example, inside an incorrectly placed boundary fence) may allow a neighbour to make a legal claim to that land after the required statutory period.

In other states and territories, including New South Wales, Queensland, South Australia, Tasmania, Australian Capital Territory and Northern Territory, adverse possession laws are more limited in their application to boundary strips — but disputes can still arise, particularly where fences remain unchallenged for many years.

Before building, replacing, or relocating a boundary fence, confirm the surveyed boundary and follow the required legal notice process in your state. A mistake left unaddressed can become far more difficult — and expensive — to fix later.

Practical Tips

  • Get a survey: If there's any doubt about the boundary, pay for a surveyor. It's worth it.
  • Document everything: Keep copies of all notices, quotes, correspondence, and photos.
  • Be reasonable: Don't insist on gold-plated fencing. Stick to "sufficient" if you want 50/50 cost sharing.
  • Consider timing: If your neighbour is going through financial hardship, they may qualify for a payment plan.
  • Choose contractors wisely: Only use licensed, insured contractors. Get written quotes.
  • Think long-term: A fence dispute can sour relationships for years. Try to stay reasonable and respectful.

Related Information

Fence disputes often connect with other issues:

Trees & Vegetation → Local Regulations →